We are starting to get a clearer picture of how “Day One” rights might look under the government’s Employment Rights Bill – and what’s likely to change between now and 2027.
This was a manifesto promise. The plan was to give employees unfair dismissal protection from day one, alongside enhanced family-friendly rights, flexible working, and statutory sick pay (SSP). But like most employment law reform, it’s proving politically messy. And the latest twist matters.
Originally, the government’s plan was:
The idea was to balance greater fairness for workers with practical flexibility for employers.
The House of Lords has pushed back on the nine-month “initial period” proposal. They have amended the Bill to scrap that system entirely and instead reduce the qualifying period for unfair dismissal from two years to six months.
Supporters argue that it is:
But it’s not over yet. The Bill now returns to the Commons. Given the government’s majority, they’ll likely reverse the Lords’ changes and restore the original plan. If so, the Lords might raise objections again, but under the Salisbury Convention, they’re unlikely to block a manifesto commitment entirely. The compromise could end up being a shorter initial period or tighter rules on what counts as fair dismissal in that window.
Either way, change is coming — just how quickly and how radically is still up for debate.
Even if the day one unfair dismissal protection isn’t adopted in full, the direction of travel is clear. Protections for workers are tightening.
This has practical and legal implications:
1. Start with process discipline: Stop thinking of under-two-year staff as “low risk.” Start applying fair, documented processes from the outset.
2. Train your managers: Especially those who lean heavily on probation periods to manage underperformance or conduct issues.
3. Audit your contracts and policies: Make sure they’re future-proofed. Build in flexibility without exposing yourself if rights extend earlier than expected.
4. Get your onboarding and probation process tight: First impressions count — not just for the employee but for your record-keeping.
5. Stay close to developments: This is one of those policy areas that will shift fast after the next general election. Have a plan, even if you don’t have all the details yet.
Whether it ends up being Day One protection, a six-month qualifying period, or some kind of phased reform, this change will land. And when it does, the employers who have prepared early will be in the best position — not just legally, but culturally too.
If your organisation still sees short-service staff as disposable, that mindset’s going to cost you.
If you’re thinking about reviewing your contracts, policies, or management processes ahead of these changes, now is a good time to start. It’s something we regularly support clients with at HPC.
To find out more information or to discuss day one employment rights, please get in contact with our team of experts.
T: 0330 107 1037
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